Could James Comey's book threaten credibility as chief prosecution witness?

Can Comey be both witness and author?

Author:
Kevin Johnson and Susan Page, USA TODAY

Published:
4:47 PM EDT April 13, 2018

Updated:
5:52 PM EDT April 16, 2018

WASHINGTON – When James Comey was fired by President Trump last year, the former FBI director quickly assumed the mantle of chief prosecution witness for Russia special counsel Robert Mueller.

His written accounts of several encounters with Trump while FBI director — including the president's requests for loyalty and for the FBI to drop its investigation of former national security adviser Michael Flynn — are at the heart of Mueller's investigation into whether Trump sought to obstruct the examination of Russia's alleged interference in the 2016 election.

The witness is now an author.

His book, in which Comey compares Trump to the Mafia bosses he once prosecuted, not only represents a new crisis for the White House but also raises questions about the former director's credibility as a critical witness against the president.

"The book amounts to a new 300-page witness statement, and if it differs at all from what he provided the special counsel, you can be sure that there will be a challenge if this case moves to an impeachment or a trial," said Jack Sharman, a former special counsel in the Whitewater investigation involving President Clinton. "This will be, at least, a pain (for Mueller) to deal with."

The Republican National Committee launched an offensive against the book, challenging the former director's credibility with a feature on its website titled "Lyin' Comey." The site includes critical tweets from Trump and comments from lawmakers questioning Comey's handling of the investigation into Hillary Clinton's use of a private email server when she was secretary of State.

Former FBI assistant director Ron Hosko said the book probably will open the door to criticism that Comey penned the dramatic account merely to enrich himself.

"You can see that coming," said Hosko, who worked for the former director and has supported him. "You can almost hear the defense lawyer saying, 'This witness has a motive to sell books.' "

Former FBI director James Comey: A look at his career

01/30

Comey testifies during the Senate Intelligence Committee hearing on June 8, 2017.

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Comey is sworn in during the Senate Intelligence Committee hearing on Capitol Hill on June 8, 2017.

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James Comey arrives before testifying in front of the Senate Intelligence Committee on June 8, 2017.

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Comey walks at his home in McLean, Va., on May 10, 2017, a day after being fired by President Trump.

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Comey testifies before the Senate Judiciary Committee on Capitol Hill on May 3, 2017.

06/30

Comey listens to Attorney General Jeff Sessions speak about organized gang violence at the Department of Justice on April 18, 2017, in Washington.

07/30

Comey delivers the keynote remarks at the Intelligence and National Security Alliance Leadership Dinner on March 29, 2017 in Alexandria, Va.

08/30

Comey arrives to speak on national security challenges at the University of Texas on March 23, 2017, in Austin, Texas.

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Comey and National Security Agency Director Mike Rogers testify during a House Intelligence Committee hearing concerning Russian meddling in the 2016 election on March 20, 2017.

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Comey and National Security Agency Director Mike Rogers arrive to speak during the House Intelligence Committee hearing on Russian actions during the 2016 campaign on March 20, 2017, on Capitol Hill.

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Comey leaves a closed-door meeting with senators at the U.S. Capitol on March 15, 2017.

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Trump shakes hands with Comey during an Inaugural Law Enforcement Officers and First Responders Reception in the Blue Room of the White House on Jan. 22, 2017.

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Comey is sworn in on Capitol Hill on July 7, 2016, prior to testifying before the House Oversight and Government Reform Committee hearing to explain his agency's recommendation to not prosecute Hillary Clinton over her private email setup.

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Comey makes a statement at FBI headquarters in Washington on July 5, 2016, to announce that the agency would not recommend criminal charges in its investigation into Hillary Clinton's use of a private email server while serving as secretary of State.

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Comey listens to President Obama speak to members of the media in the Oval Office on June 13, 2016.

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Comey speaks about the FBI's request to Apple to unlock the iPhone of the San Bernardino shooter during a hearing before the House Intelligence Committee on Feb. 25, 2016.

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Comey prepares to testify on Capitol Hill on Dec. 9, 2015, before the Senate Judiciary Committee hearing on oversight of the FBI.

Comey speaks alongside Health and Human Services Secretary Sylvia Mathews Burwell about a national effort to crack down on Medicare fraud during a press conference at the Department of Justice on June 18, 2015, in Washington.

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Comey testifies at the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies hearing on the proposed budget estimates for FY2016 on Capitol Hill on March 12, 2015.

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Comey speaks about the impact of technology on law enforcement on Oct. 16, 2014, at Brookings Institution in Washington.

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Comey, alongside Homeland Security Secretary Jeh Johnson and National Counterterrorism Center Director Matthew Olsen, testifies before the House Homeland Security during a hearing on Capitol Hill on Sept. 17, 2014.

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Comey speaks during a news conference on child sex trafficking at the FBI headquarters in Washington on June 23, 2014.

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Comey talks to reporters during a news conference in Sacramento, Calif., on Oct. 31, 2013.

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Comey talks with outgoing FBI Director Robert Mueller before being officially sworn in at the Justice Department in Washington on Sept. 4, 2013.

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Comey prepares for his Senate Judiciary Committee confirmation hearing on Capitol Hill on July 9, 2013.

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President Obama speaks during a news conference to announce his nomination of Comey to be FBI director in the Rose Garden on June 21, 2013.

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Comey testifies during a hearing before the House Judiciary Subcommittee
on Commercial and Administrative Law on May 3, 2007, on Capitol Hill.

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Comey announces federal grand jury indictments for three British nationals during a news conference on April 12, 2005, in Washington.

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Comey, then the U.S. attorney for the Southern District of New York, fields questions from the media on July 31, 2002.

In an interview with USA TODAY, Comey characterized the book project as "an obligation to try to drive a healthy conversation" about leadership and ethics.

"I learned from my wife long ago that when something bad happens, you should try to make something good come from it," Comey said, referring to the loss of a young son to a preventable infection. "This is nowhere near that. ... I was fired from a job that I loved in a place that I loved working. And the good I hope to come out of it is for me to offer a vision to people, especially young people, about what ethical leadership is."

In the book, A Higher Loyalty:Truth Lies, and Leadership, he defended the timing of the book's publication in the midst of the Russia inquiry and before the release of a Justice Department inspector general's examination into the FBI's handling of the Clinton email investigation, which Comey oversaw.

Comey told USA TODAY he did not consult Mueller about the timing of the book's publication.

"It is wrong to stand idly by, or worse, to stay silent when you know better, while a president brazenly seeks to undermine public confidence in law enforcement institutions that were established to keep our leaders in check," Comey wrote.

Patrick Cotter, a former federal prosecutor, said that although there is less risk in limiting a witness's public statement about an ongoing case, Comey's story has been the subject of a full, public Senate Intelligence Committee hearing.

"Unless there are glaring inconsistencies in his testimony and what he told the special counsel and in his book, I don't see a problem," Cotter said. "It appears to me that what I know about the book is that he is sharing his inner monologue about his interactions with the president that he already has testified about. He's not changing the facts."

Cotter said any argument related to a financial incentive could fall flat. "As far as I know, everybody does what they do for money. I thought the Republicans were in favor of capitalism.

"In a perfect world, you would put witnesses in a cryogenic chamber and only let them out when it's time to testify," Cotter said. "That's not the world we live in."